Minneapolis & St. Louis Railroad v. Minnesota Ex Rel. Railroad & Warehouse Commission
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MINNESOTA. The facts are stated in the opinion of the court. The Supreme Court of the State, by a decision which has not been overruled, modified or. criticised, has once decided upon the merits'against the attempt to compel the plaintiff in error to establish and maintain a station at Emmons.
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ERROR TO THE SUPREME COURT OF THE STATE OF MINNESOTA. The facts are stated in the opinion of the court. The Supreme Court of the State, by a decision which has not been overruled, modified or. criticised, has once decided upon the merits'against the attempt to compel the plaintiff in error to establish and maintain a station at Emmons. In theTormer proceeding the relator attempted to justify its order for the establishment of the station, under tuo statutes, viz: (1) Under the section 388, Gen. Stat. of 1894, and (2) under chapter 94, Gen. Laws of 1897; the former-defines the powers and…
1Opinion of the CourtJustice McKenna
This is a proceeding in mandamus to compel plaintiff in error to build and maintain a station house on the lineof its road at the village of Emmons, in compliance with an order of the Railroad and Warehouse Commission of the State of Minnesota.
The order of the commission was made upon petition and upon hearing after due notice to plaintiff in error. The writ was granted by the District Court of Freeborn County, where the proceedings were commenced.
The railroad company in its answer attacks the statute under which the commission acted as follows:
“This respondent says further, that chapter 270,…
2Cases cited2 opinions
- Dower v. RichardsSupreme Court of the United States · 1894
- Egan v. HartSupreme Court of the United States · 1897
3Cited by54 opinions
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- Washington Ex Rel. Oregon Railroad & Navigation Co. v. FairchildSupreme Court of the United States · 1912
- James-Dickinson Farm Mortgage Co. v. HarrySupreme Court of the United States · 1927
- Interstate Commerce Commission v. Oregon-Washington Railroad & NavigationSupreme Court of the United States · 1933
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